The process of a divorce varies from one state to the other. Most of the family laws governing divorce are almost similar in the United States. Your divorce may be unique, and that requires different family laws for it to be finalized. The most important thing to know is that when one party feels that he or she is not comfortable in the marriage and wants a separation, divorce can be granted. Divorce can be no-fault or fault-based. In a no-fault divorce, both spouses agree to end the marriage while on fault-based divorce, one party wants the marriage to be dissolved as a result of the other party’s fault. Below are the steps of the divorce process in New York.
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Preparation of the complaint
For a divorce to be granted, you need to file a complaint or petition. You should file for a complaint if you are the one seeking divorce. However, in some cases, both parties can collaborate in this if they want to end their marriage in harmony. You need to file a detailed complaint that establishes a legal base for your claim. You need to do it right, and that is why it is important to have a knowledgeable divorce attorney Long Island, to guide you in that.
Getting documents ready
For you to get a successful divorce, you need to have documents to back up your claims. You need to get your documents early enough. These documents may include financial documents and records, assets’ documents, and a lot more. When you gather all the documents that you need to support your case, you can then proceed to file a petition.
Serving divorce papers and responding the answer
When you file a petition, you will get divorce papers that you need to serve on the other party. The other party will be given time to read and understand the content of the divorce papers. After that, he or she will be required to file a response or a counterclaim. It is always advisable not to ignore the divorce papers. When the other party files a response, the process gets to another stage.
Negotiation of a divorce settlement
This is the most important part of the divorce. You and your former partner need to be in the right state of mind to come up with a fair divorce settlement. It is good to keep all the emotions as well as differences aside in the mediation. In this stage, it is highly essential to have a competent divorce attorney Long Island to help you in the negotiations. This ensures that all your interests are considered.
Dissolution of the marriage
If the parties come up with a fair divorce settlement, divorce can be granted. However, if they don’t, the case goes into a hearing where the court gives a ruling on the issues that the couple couldn’t agree on. This is a complicated process, and you should avoid it in all the ways possible. With a competent and experienced family law attorney, you can avoid a trial. You can get a qualified divorce attorney Long Island at Petroske Riezenman & Meyers.